The Federal Energy Regulatory Commission recently determined New York waived its water quality authority for Williams’ Constitution Pipeline, according to S&P Global Platts. The decision gives new life to the project, which stalled in April 2016 when state regulators denied a permit.
The FERC reversed its earlier finding — that the New York review could not be waived — in light of a recent DC Circuit Court of Appeals ruling in Hoopa Valley v. FERC, which involved a hydropower project for which states and PacifiCorp agreed to defer the Clean Water Act’s one-year statutory deadline by annually withdrawing and resubmitting the water permit.
“The record [for Constitution] indicates that the state encouraged Constitution’s withdrawal and resubmission of its application for the purpose of avoiding the waiver period,” FERC concluded.
The 124-mile project is designed to ship up to 650 MMcf/d of northeastern Pennsylvania gas production to interconnections with the Iroquois Gas Transmission and Tennessee Gas Pipeline in upstate New York.
Learn more: S&P Global Platts > FERC puts Constitution Pipeline back on track, finding New York waived watered authority
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